Libby’s liberty clearly constitutional

Independence Day came two days early for Lewis ‘Scooter’ Libby last week. He was spared jail time by President Bush before his prison sentence even began.

President Bush did not pardon Libby.??Instead, he chose the lesser option of commuting his 30-month prison sentence, after an appellate panel rejected Libby’s request to delay going to jail until after his appeal of his conviction for perjury and obstruction of justice in the highly publicized CIA leak probe.

In announcing his decision, President Bush said ‘I respect the jury’s verdict ‘ but I have concluded that the prison sentence given to Mr. Libby is excessive.’??He added Libby would still pay a steep price for his conviction, including a $250,000 fine, two years probation, public disgrace, and the loss of his chosen livelihood.

‘The consequences of his felony conviction on his former life as a lawyer, public servant and private citizen will be long-lasting,’ said President Bush.??

He’s right, of course. Still, his commutation of Libby’s prison sentence was too little, too late for those who want to see Libby pardoned, and too much for those who want to see him fully punished.

Leading Democrats were especially angered by President Bush’s action. For example, in a dazzling display of hypocrisy and hyperbole, Sen. Hillary Clinton blasted President Bush for placing cronyism and ideology above justice and the rule of law.??This is the same Hillary who was Bill Clinton’s willing partner in a pattern of cronyism, from Little Rock to the White House.??Indeed, the Clintons have long since honed the art of cronyism into a hard science.

Sen. Clinton knows a thing or two about perjury and obstruction of justice, too.

Her husband committed both in the aftermath of his infamous Oval Office sexual shenanigans with Monica Lewinski.??Still, she stood by her man.

As for presidential pardons, President Clinton proved he ‘felt the pain’ of hundreds of cronies, whom he pardoned, right on up through his last day in office.?? Perhaps the most famous or infamous pardon recipient was billionaire scofflaw Mark Rich.??

Just before leaving office on Jan. 20, 2001, Clinton pardoned Rich, who had been living lavishly in Switzerland since 1983 to avoid federal charges of tax evasion as well as other misdeeds.??Later, it was revealed that Rich’s ex-wife had donated $1 million to the Democratic Party.??

Was this a mere coincidence? I doubt it.

Those who support President Bush’s action on Libby, mostly Republicans, will continue to praise him. Those who oppose his action, mostly Democrats, will continue to pillory him. Clearly, though, he was well within the bounds of his constitutional authority in commuting Libby’s prison sentence. Moreover, he could still pardon Libby before he leaves office in January 2009.

Though currently controversial, the Libby incident is a ‘tempest in a teapot,’ compared to what could happen if one or more Supreme Court Justices step down before President Bush does. That would be a Republican dream come true ‘ and a Democratic nightmare.

Thomas B Vaughn is an instructor at Motlow College and co-host of the radio show ‘Viewpoints,’ which airs on WCPI 91.3 FM.